Mor Mitanin Mahila Swa Sahayata Samooh Urla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4312 of 2021 Laxmi Annapurna Mahila Swa Sahayata Samooh, Village -Maoud, Raipur, District - Raipur (C.G.). Through Its President Smt. Urmila Bai Verma W/o Shrawan Kumar Verma, Agad About 41 Years R/o Maloud Raipur, District Raipur, Chhattisgarh.

WPC No. 4316 of 2021 Mor Mitanin Mahila Swa Sahayata Samooh, Urla, Raipur. Through : Its President Smt. Sati Lahre W/o Vijay Lahre, aged about 40 years, R/o Bazar Chowk Ward No. 04, Urla Raipur District Raipur Chhattisgarh WPC No. 4387 of 2021 Saket Mahila Swa Sahayata Samooh Birgaon District Raipur, Chhattisgarh, Through Its President, Smt. Girja Vishvakarma W/o Nanhe Vishvkarma Aged 57 Years, R/o 95 Budhwari Bazar, Birgaon Raipur, Chhattisgarh.

WPC No. 4393 of 2021 Jagriti Mahila Swa Sahayata Samooh Bhaismuda, District Raipur (Chhattisgarh), Through - Its President, Smt. Sunita Nishad W/o Gangasagar Nishad, Aged - 44 Years, R/o Bhaismuda Post Kurra, Raipur, District - Raipur (Chhattisgarh).

WPC No. 4361 of 2021 Maa Saraswati Swa Sahayata Bahini Samooh Bajranj Chowk, Raipur Raipur Chhattisgarh, Through Its President, Smt. Shail Diwan W/o Shankar Dhar Diwan Aged About 59 Years R/o Diwan Bhawan , Dudhadhari Mandir Road, Near Bajrang Chowk Mathpara, Raipur District Raipur Chhattisgarh. WPC No. 4377 of 2021 Jai Maa Chandi Mahila Swa Sahayata Samooh, Pipraud, Raipur District Raipur (Chhattisgarh) Through Its President, Smt. Chameli Bai Sahu W/o Bhanwar Lal Sahu Aged 60 Years, R/o Village And Post Pipraud Block Abhanpur, District Raipur Chhattisgarh.

WPC No. 4323 of 2021 Jan Mahila Swa Sahayata Samooh Tikrapara, Raipur Chhattisgarh Through Its President, Smt. Durgesh Nandini Sahu W/o Jainendra Kumar Sahu, Aged About 60 Years R/o 39/119, Ward No. 50, Near Gondwana Bhawan, Subhash Nagar, Tikrapara Raipur District Raipur Chhattisgarh WPC No. 4388 of 2021 Pragati Mahila Swa Sahayata Samooh Village Ama Seoni Ghasidas Chowk, Police Station Vidhansabha, Block Dharsiwa, Tahsil And District Raipur, Chhattisgarh Through Its President, Smt. Rohani Verma W/o Hemant Kumar Verma Aged 30 Years, R/o 298, Vidhansabha Road, Near Santoshi Mandir, Ama Seoni Raipur, District Raipur, Chhattisgarh. WPC No. 4336 of 2021 Giraudhpuri Dham Mahila Swa Sahayata Samooh Nayakbandh Abhanpur, Raipur, District- Raipur, Chhattisgarh, Through- Its President Smt. Sumitra Kosle W/o Shri Khemlal Kosle Aged 39 Years, R/o Village And Post Nayakbandha, Block Abhanpur, District- Raipur, Chhattisgarh.

WPC No. 4360 of 2021 Jyoti Mahila Swa Sahayata Samooh, Siltara District Raipur Chhattisgarh. Through - Its President, Smt. Urmila Sonwani W/o Chowaram Sonwani Aged43 Years, R/o Siltara, Bhata Para Durga Chowk, Siltara, Raipur, District - Raipur Chhattisgarh.

WPC No. 4390 of 2021 Jai Triveni Sangam Mahila Swa Sahayata Samooh, Dhaneli District Raipur Chhattisgarh. Through - Its President, Smt. Pushpa Sahu W/o Himmat Lal Sahu Aged -43 Years, R/o Ward No. 17 Pahadipara Dhaneli- 1 Girod, District Raipur Chhattisgarh.

WPC No. 4330 of 2021 Parul Mahila Swa Sahayata Samooh New Colony Bandhwapara, Purani Basti Raipur (C.G.) Through - Its President, Smt. Hemlata Shukla W/o Yogeshwar Shukla Aged - 57 Years, R/o 25/75 Kankalipara Mat Ke Samne Brahmanpara Ward No. 58, Raipur, District - Raipur Chhattisgarh

WPC No. 4359 of 2021 Aarti Sangwari Mahila Swa Sahayata Samooh Mandhar, District Raipur (Chhattisgarh) Through - Its President, Smt. Kunti Verma W/o Dinesh Verma, Aged - 45 Years, R/o Gandhipara, Mandhar, Raipur, District - Raipur (Chhattisgarh).

WPC No. 4366 of 2021 Jagriti Mahila Swa Sahayata Samooh Nawapara Raipur District Raipur (C.G.) Through - Its President, Smt. Kamal Kasturi Sahu W/o Gajanand Sahu Aged - 58 Years, R/o Village And Post Nawapara Ward No.16 Shanti Chowk, Bagdehipara Tahsil Abhanpur District - Raipur Chhattisgarh WPC No. 4352 of 2021 Maa Durga Mahila Swa Sahayata Samooh Puran Chandorabhata, Raipur District- Raipur, Chhattisgarh, Through Its President, Smt. Amita Thakur W/o Shranwan Singh, Through Aged- 53 Years, R/o 418/4, New Colony, Bandhwa Para, Purani Basti Raipur District- Raipur, Chhattisgarh.

WPC No. 4362 of 2021 Gyandeep Mahila Swa Sahayata Samooh, Nawapara Rajim, Raipur District Raipur Chhattisgarh. Through Its President, Smt. Pushpa Sahu, W/o Vijay Sahu Aged About 38 Years, R/o Ganjroad, Ward No. 12, Gobra Nawapara, Block Abhanpur, Raipur, District Raipur Chhattisgarh. WPC No. 4365 of 2021 Jai Maa Gaytri Mahila Swa Sahayata Samooh Village Girola Raipur, District Raipur, Chhattisgarh, Through Its President, Smt. Sunita Sahu W/o Gangaram Sahu Aged About 44 Years R/o Girola, Post Jamgaon, Block Abhanpur, Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh WPC No. 4395 of 2021 Jai Ambe Jagrukh Mahila Swa Sahayata Samooh Achholi District- Raipur, Chhattisgarh, Through- Its President, Smt. Jamuna W/o Balram Dhruw Aged41 Years, R/o Bajrang Chowk, Accholi, Post Urla, Birgaon Raipur, DistrictRaipur, Chhattisgarh.

WPC No. 4454 of 2021 Satbahniya Mata Mahiya Swa Sahayata Samooh Ward No. 70 Sarona Raipur, District Raipur (Chhattisgarh) Through- Its President, Smt. Jaishri Singh Thakur W/o Kamesh Singh Thakur Aged About 42 Years R/o Ward No. 70 Thakurpara, Sarona Raipur District- Raipur (Chhattisgarh) WPC No. 4581 of 2021 Maa Durga Bahini Mahila Swa Sahayata Samooh Fafadih Devendra Nagar, Raipur District Raipur Chhattisgarh. Through Its President, Smt. Saraswati Dubey, W/o Shri Shivshankar Dubey, Aged 50 Years, R/o Fafadih, In Front Of Dr. Rohit Mishra Raipur District Raipur, Chhattisgarh WPC No. 4448 of 2021 Sarthak Mahila Swa Sahayata Samooh New Rajendra Nagar, D-9 Priyadarshni Nagar, Ring Raod Raipur, Raipur, Chhattisgarh, Through- Its President, Smt. Deepa Pandey W/o R.K. Pandey, Aged-67 Years, R/o 118-B, Priyadarshni Nagar, Brindanawgarh, Raipur, District- Raipur, Chhattisgarh.

WPC No. 4475 of 2021 Grih Bhagya Laxmi Swa Sahayata Samooh Tada District Raipur Chhattisgarh. Through Its President, Smt. Padma Verma W/o Roopnarayan Verma Aged 25 Years, R/o Ward No. 13, Near Pani Tanki, Tada, Raipur, Raipur, District Raipur Chhattisgarh.

For Petitioners : Mr. Rajesh Kesharwani, Advocate For State-Respondents : Mr. Ashish Tiwari, R.K. Bhagat, Govt. Advocates, Ms. Akanksha Jain, Dy.G.A., & Mrs. Astha Shukla, Ms. Shriya Mishra, Ms. Sameeksha Gupta, Mr. Aditya Bhardwaj, Mr. Aman Kesharwani, Panel Lawyers for State.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board /11/2021 All the petitions are heard and decided together by this common order as the similar issue is involved in all these petitions. It is submitted by the learned counsel for the petitioners that the petitioners are Women Self Help Groups working in the field of supply of ready to eat food to various Angan Badi Centres. The petitioners have granted work orders for supply of ready to eat food since about 2010

and all of them are continuously performing the work of supplying the ready to eat food materials to Angan Badi Centres. All the petitioners are entitled for renewal of the contract, but the respondents authorities have instead of considering their renewal of contract, have published advertisement (Annexure P-1) inviting fresh applications for supply of ready to eat food materials. This act of respondents authorities is arbitrary and discriminatory. The petitioners have made huge investment and they were never given any opportunity of hearing. All the petitioners have filed their representations, before the respondent No.3, District Program Officer, but the same has been kept undecided.

At present, all the petitioners are continuously supplying the ready to eat food to the various Angan Badi Centres, therefore, it is prayed that all the petitions be admitted for hearing and interim relief be granted by staying the process on the impugned advertisement (Annexure P-1). Learned State counsels representing the State authorities opposes the submissions made on behalf of the learned counsel for the petitioners. It is submitted that the term of the contract of all the petitioners has either expired or is about to expire, therefore, the publication of advertisement has been made, which was a proper course to be adopted. The petitioners have been allowed to continue until the finalization of the proposal.

It is submitted that all the petitioners have submitted applications/proposals in response to the advertisement (Annexure P1), therefore, the applications/proposals of the petitioners are also under consideration. The petitioners were granted contract on the basis of the previous policy. The State Government has declared the new policy vide memo No.F3-109/2013/50 dated 03.12.2019, which has superseded all the previous policies. The term of the contract has also been reduced to five years, hence, the grievance of the petitioners is unreasonable. It is prayed that all the petitions be dismissed and disposed off.

In reply, the learned counsel for the petitioners submits that clearly looking to the experience of the petitioners, they have entitlement for renewal of contract. Hence, the issuance of advertisement (Annexure P1) is clearly arbitrary and unreasonable. Hence, interim relief be granted.

5.

I have heard the learned counsel for the parties and perused the documents placed on record.

6.

All the petitioners were granted contract for supply of ready to eat food on various dates and the term of the contracts has already expired as per the table given below :- Sr.No.

Writ Petition (Nos.) Contract expired on W.P.(C) No. 4312 of 2021 Laxmi Annpurna Mahila Swa Sahayata Samooh Vs. State of C.G.

26.10.2020 W.P.(C) No. 4359 of 2021 Aarti Sangwari Mahila Swa Sahayata Samooh Vs. State of C.G.

27.10.2020 W.P.(C) No. 4360 of 2021 Jyoti Mahila Swa Sahayata Samooh Vs. State of C.G.

27.10.2020 W.P.(C) No. 4361 of 2021 Maa Saraswati Mahila Swa Sahayata Samooh Vs. State of C.G.

07.07.2020 5.

W.P.(C) No. 4362 of 2021 Gyandeep Mahila Swa Sahayata Samooh Vs. State of C.G.

18.11.2020 6.

W.P.(C) No. 4365 of 2021 Jai Maa Gayatri Mahila Swa Sahayata Samooh Vs. State of C.G.

22.11.2020 7.

W.P.(C) No. 4366 of 2021 Jagriti Mahila Swa Sahayata Samooh Vs. State of C.G.

18.11.2020 8.

W.P.(C) No. 4377 of 2021 Jai Maa Chandi Mahila Swa Sahayata Samooh Vs. State of C.G.

18.11.2020 9.

W.P.(C) No. 4388 of 2021 Pragati Mahila Swa Sahayata Samooh Vs. State of C.G.

14.05.2020 10.

W.P.(C) No. 4390 of 2021 Jai Triveni Mahila Swa Sahayata Samooh Vs. State of C.G.

27.10.2020 11.

W.P.(C) No. 4395 of 2021 Ambe Jaagruk Mahila Swa Sahayata Samooh Vs. State of C.G.

19.10.2020 12.

W.P.(C) No. 4475 of 2021 Grih Bhagya Laxmi Mahila Swa Sahayata Samooh Vs. State of 26.10.2020

C.G.

13.

W.P.(C) No. 4454 of 2021 Satbahaniya Mata Mahila Swa Sahayata Samooh Vs. State of C.G.

17.01.2020 14.

W.P.(C) No. 4387 of 2021 Saket Mahila Swa Sahayata Samooh Vs. State of C.G.

26.10.2020 15.

W.P.(C) No. 4352 of 2021 Maa Durga Mahila Swa Sahayata Samooh Vs. State of C.G.

20.01.2020 16.

W.P.(C) No. 4316 of 2021 Mor Mitanin Mahila Swa Sahayata Samooh Vs. State of C.G.

26.10.2020 17.

W.P.(C) No. 4448 of 2021 Sarthak Mahila Swa Sahayata Samooh Vs. State of C.G.

16.06.2020 18.

W.P.(C) No. 4323 of 2021 Jan Mahila Mahila Swa Sahayata Samooh Vs. State of C.G.

04.07.2020 19.

W.P.(C) No. 4330 of 2021 Parul Mahila Swa Sahayata Samooh Vs. State of C.G.

01.11.2020 20.

W.P.(C) No. 4581 of 2021 Maa Durga Bahini Mahila Swa Sahayata Samooh Vs. State of C.G.

13.10.2020 21.

W.P.(C) No. 4336 of 2021 Giraudhpuri Dham Mahila Swa Sahayata Samooh Vs. State of C.G.

22.11.2020 7.

After the publication of the advertisement, all the petitioners also have submitted their proposals, which are under consideration. The consideration shall be made by the respondents authorities in accordance with the new policy dated 03.12.2019, which has been issued in supersession of the previous policies. The State Government has the authority to frame policies and make amendment in the policies time to time. Therefore, looking to this fact that the petitioners in all the cases are in the consideration zone in the allotment of work order for the further term in accordance with the advertisement (Annexure P-1) issued on 16.08.2021 and further their representation filed are also pending before the respondent authorities, therefore, there is no reason present to hold that the publication of the advertisement (Annexure P-1) is illegal or arbitrary.

8.

Hence, all these petitions are disposed of at motion stage. The respondents authorities mainly the respondent No.3 is directed to give consideration on the proposals submitted by the petitioners in light of the representation made by them and take decision on the same as early as possible on or before the period of 90 days from today and until the decision is taken on or before 90 days, the work of supply of ready to eat food materials by the petitioners shall continue without any interruption.

9.

With these observations, all the petitions are disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Balram